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V&E CFIUS Update, September 20, 2019
On Tuesday, September 17, 2019, the U.S. Department of the Treasury, which chairs the Committee on Foreign Investment in the United States (“CFIUS”), released long-anticipated proposed regulations to implement key elements of the CFIUS reform law, the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”).
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Managing the Modern Workplace, September 19, 2019
Last Wednesday, the
California legislature passed bill AB 5, a sweeping measure sure to impact the
“gig economy” and any business that likens itself the “Uber of _____.” If signed into law (and the governor has
already signaled his intention to sign it), AB 5 would require many companies
to re-classify as “employees” many workers who are currently classified as independent
contractors, so long as they satisfy certain criteria.
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V&E Foreign Corrupt Practices Act Update, September 18, 2019
A federal judge in New York has found that certain investors were “victims” in a high-profile FCPA case that the government settled almost three years ago with Och-Ziff, a publicly traded hedge fund.
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Managing the Modern Workplace, September 18, 2019
With the California legislature’s passage of Assembly Bill 5
on September 11, 2019, which sharply restrains businesses’ use of independent
contractors, California businesses welcomed some good news last week from the
California Supreme Court with respect to wage and hour claims and agreements to
arbitrate in ZB, N.A., et al. v. Superior
Court (Lawson) (September 12, 2019).
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V&E IP Insights, September 17, 2019
In Curver Luxembourg SARL v. Home Expressions Inc., the Federal Circuit held – for the first time – that a design patent’s claim language may limit the patent scope even when the article identified in the claim wording is not shown in the figures.
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Managing the Modern Workplace, September 13, 2019
One of the biggest complaints that you will hear from employers with unionized workforces is that it is so difficult to implement minor policy changes during the term of a collectively bargained contract.
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On September 4, a federal jury took only a few hours to return a verdict of “not guilty” for Washington, D.C. attorney and former White House Counsel Greg Craig in a high-profile trial brought by the Department of Justice’s Foreign Agents Registration Act (“FARA”) Unit and federal prosecutors from the U.S. Attorney’s Office for the District of Columbia.
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In June, the Task Force on Climate-Related Financial Disclosure (“TCFD”) issued a status report to provide an overview of current disclosure practices as they relate to the TCFD 2017 recommendations.
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Managing the Modern Workplace, September 10, 2019
Late last month, I wrote about how an employer balances its property rights against the rights of employees of third parties working on their worksite. The key takeaway from that blog post was that every employer needs to think about certain property-related issues if one of its contractors were to have a labor dispute with its employees.
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Managing the Modern Workplace, September 6, 2019
For U.S. public corporations, the interests of shareholders are paramount. The legal and practical reasons for this norm are complex, but today, most U.S. public corporations and the organizations that represent them would say that a corporation exists primarily to serve its shareholders.
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V&E Antitrust Update, September 5, 2019
Government contractors take heed: the Department of Justice Antitrust Division (the “Division”) is prioritizing investigations of criminal antitrust violations in the public procurement process.
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V&E Corporate Governance Update, September 5, 2019
In mid-August, the Business Roundtable released a new Statement on the Purpose of a Corporation, signed 181 CEOs of the top U.S. companies, including the likes of Jeff Bezos, Larry Fink, Lachlan Murdoch and Jamie Dimon.
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Managing the Modern Workplace, September 4, 2019
More often than not, when employers make a decision to terminate someone, multiple factors influenced the decision.
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Environmental Blog
The Department of Justice (“DOJ”) will no longer use Supplemental Environmental Projects (“SEPs”) in settlements with states and municipalities as a result of a policy change announced August 21, 2019.1 The change follows a series of steps taken since 2017 curtailing SEPs.
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V&E Antitrust Update, September 3, 2019
The D.C. Circuit is the latest appellate court to weigh in on one of the most important issues in class certification under Rule 23(b)(3): whether a damages class meets the predominance requirement, and thus whether the class can be certified, if it contains class members uninjured by the alleged conduct.
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V&E Government Investigations Update, September 3, 2019
As companies grow and expand their international footprint, their operations are scrutinized with increasing frequency by federal prosecutors.
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Managing the Modern Workplace, August 29, 2019
The call usually comes with the sound of panic. My client is upset that some of its contractor’s employees are handing out leaflets to everyone onsite and doing so within the property lines of the company. The contractor’s labor dispute is not with my client but with their own employer. “Can you do anything about it?”, I am asked.
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V&E Energy Policy Update, August 29, 2019
New York recently enacted very ambitious climate change legislation that will affect transportation, real estate and other industries far beyond the energy sector.
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V&E Corporate Governance Update, August 29, 2019
The V&E governance update provides brief summaries on recent developments with respect to corporate governance, compliance and disclosure.
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V&E Tax Update, August 29, 2019
On June 14, 2019, Treasury released final and proposed regulations implementing the Global Intangible Low Tax Income (GILTI) regime.
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